IBM sues former Thailand exec for breach of contract • The Register

IBM is taking the previous head of its Thailand operation, Patama Chantaruck, to courtroom to claw again $470,000 in advantages it believes she owes after going to work for a rival and – allegedly – breaking the phrases of a non-compete clause.

Chantaruck went to work for Large Blue in October 2018, becoming a member of as nation common supervisor of Thailand and veep of Indo China Growth. IBM mentioned in its lawsuit [PDF], filed in a New York federal courtroom, that she had “just a few friends of comparable rating within the Asia Pacific area.”

On becoming a member of IBM, Chantaruck entered right into a binding Lengthy-Time period Efficiency Plan (LTPP) through which she acquired fairness awards in return for agreeing to “safeguard IBM’s Confidential Data and never interact in sure proscribed aggressive conduct inside particular time intervals,” in keeping with Large Blue in its lawsuit.

As a part of this contractual coverage, IBM was allowed to “cancel and rescind” any awards if it discovered Chantaruck was concerned in “detrimental exercise.” This was outlined within the LTPP as together with “accepting employment with rivals inside restricted time intervals” – which the criticism refers to as “rescission intervals,” in keeping with the IT large.

The exec resigned from IBM Thailand efficient February 28, 2022. From April 11, 2022 – which was “inside the rescission intervals” – she had moved to a “extremely comparable” position at Accenture, IBM complained.

IBM regards Accenture as a rival.

“IBM and Accenture entities compete notably within the info, digitalization, and consulting areas, each globally and inside the Asia-Pacific area,” Large Blue’s criticism added, saying Accenture is IBM’s “largest competitor by income” in skilled providers.

Chantaruck has remained the nation managing director of Accenture Thailand since.

“By accepting her place inside Accenture Thailand throughout a restricted time interval, Defendant violated her obligations to IBM underneath the plan,” in keeping with the criticism. IBM demanded reimbursement of the financial advantages however up to now, Chantaruck has “refused and did not pay awards totaling $470,220.906.”

As such, Chantaruck is in breach of her contract, the criticism alleged. Along with the financial funds made by IBM, the exec could be required to pay all prices and bills IBM incurs in relation to this litigation, ought to IBM’s case in America prevail.

We now have requested Chantaruck and IBM to remark. ®